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HomeMy Public PortalAbout23-014 - Amendment to By-law to Establish and Regulate a Fire ServiceTHE CORPORATION OF THE TOWNSHIP OF LEEDS AND THE THOUSAND ISLANDS BY-LAW NO. 23-014 BEING A BY-LAW TO AMEND BY-LAW 22-010 TO ESTABLISH AND REGULATE A FIRE SERVICE IN THE TOWNSHIP of LEEDS and the THOUSAND ISLANDS. WHEREAS Part II, Section 2 Subsection 1 of the Fire Protection and Prevention Act 1997, states every municipality shall: (A) establish a program in the municipality which must include public education with respect to fire safety and certain components of fire prevention, and (B) provide such other fire protection services as it determines may be necessary in accordance with it's needs and circumstances; AND WHEREAS; Part II, Section 2 Subsection 2 of the Fire Protection and Prevention Act, 1997 states, in discharging its responsibilities under Subsection (91), a municipality shall: (A) Appoint a community fire safety officer or a community fire safety team, or (B) Establish a fire department; AND WHEREAS the Council of the Township of Leeds and the Thousand Islands deems it advisable to pass this By-law; NOW THEREFORE the Council of the Corporation of the Township of Leeds and the Thousand Islands hereby enacts as follows: 1. INTERPRETATION 1.1. Definitions: 1.1.1. "Approved" shall mean approved by Council. 1.1.2. "By-law" shall mean this By-law, as it may be amended from time to time. The recitals to, and the Schedules attached to this By-law, are considered integral parts of it. 1.1.3. "Chief Administrative Officer" and "CAO" shall mean the person appointed by Council to act as Chief Administrative Officer for the Corporation; 1.1.4. "Corporation" and "Township" shall mean the Corporation of the Township of Leeds and the Thousand Islands; 1.1.5. "Council" shall mean the Council of the Township; 1.1.6. "Fire Chief" shall mean the person appointed by Council to act as Fire Chief for the Township and is ultimately responsible to Council as defined in the Fire Protection and Prevention Act. 1.1.7. "Fire Service" shall mean the Leeds 1000 Islands Fire Service servicing all of the Township of Leeds and the Thousand Islands. 1.1.8. "Fire Protection Services" shall include fire suppression, fire prevention, fire safety education, communication, training of persons involved in the provision of Fire Protection Services, rescue and emergency services and the delivery of all those services. 1.1.9. "Honourary Member" shall mean an honourary member who has made a major contribution to the fire services (whether in years of service or through exemplary service to the department) but due to age, ill health or time constraints, has retired from active duty. Honourary members do not provide Fire Protection Services but are active only in social functions (e.g., funerals, parades, award banquets) and therefore are not considered a "worker" as defined in the Workplace Safety and Insurance Act and are not subject to the provisions of such Act. 1.1.10. "Limited Services" shall mean a variation in services significantly differentiating from the norm as a result of extenuating circumstances, such as environmental factors, obstructions, remote or island properties, private roadways, lands and drives, and hazardous or unsafe conditions. 1.1.11. "Member" shall mean any person employed in, or appointed to, the Fire Service and assigned to undertake Fire Protection Services and includes officers, part time, full time, and Volunteer Firefighters but does not include the Fire Chief. 1.1.12. "Volunteer Firefighter" shall mean a firefighter who provides Fire Protection Services for compensation: a) "Active Firefighter" shall mean an active firefighter, including officers, who is in good standing with the department, is certified to the level of training for the job performed, actively participates in training, and responds to calls equipped with the proper personal protective equipment. He or she is a "worker" as defined in the Workplace Safety and Insurance Act and subject to the provisions of such Act. b) "Auxiliary Member" shall mean an auxiliary member who must attend training a minimum of four (4) times per year and be familiar with any new equipment acquired by the department. While he or she may respond to a fire call, they are not active on the fire ground, but may be used to drive a truck, ferry supplies between stations or perform other non- essential tasks. He or she is a "worker" as defined in the Workplace Safety and Insurance Act and subject to the provisions of such Act. 2. A Fire Service for the Township of Leeds and the Thousand Islands to be known as the Leeds 1000 Islands Fire Service is hereby established and the head of the Fire Service shall be known as the Fire Chief known herein as Fire Chief. 3. The Fire Chief shall recommend to the Chief Administrative Officer the appointment of any qualified person as a Member of the Fire Service, subject to the approved hiring policies of the Corporation. 4. All members shall be on probation for a period of twelve (12) months, during which period they shall take such special training and examinations as may be required by the Fire Chief. 5. If a probationary Member appointed to provide Fire Protection Services fails any such examinations or is found to be unsatisfactory during the probationary period he/she may be terminated without cause by the Fire Chief in consultation with the CAO. 6. The remuneration for all Volunteer Firefighters will be based on the Volunteer Firefighter Compensation policy and may be amended by Council from time -to - time. 7. Every Member of the Department appointed for fire protection duties is subject to a medical examinationNulnerable Sector Check (Criminal Records Check) prior to acceptance as a Member and at such other times as the Fire Chief may require. 8. The Fire Chief is responsible to Council through the Chief Administrative Officer for proper administration and operation of the Fire Service including all Fire Service functions and programs. 9. The Fire Chief shall implement all approved policies and shall develop such standard operating procedures and guidelines, general orders and departmental rules as necessary to implement the approved policies and to ensure the appropriate care and protection of all Fire Service personnel and Fire Service equipment. 10. The Fire Chief shall review periodically all policies, orders, rules, and operating procedures of the Fire Service and may establish an advisory committee consisting of such Members as the Fire Chief may determine from time to time to assist in these duties. 11. The Fire Chief shall, as part of the annual operating and capital budget process, provide budget estimates for the Fire Service, for inclusion in the Township's annual operating and capital budgets for approval by Council. The Fire Chief shall provide such other reports as may be requested by the Chief Administrative Officer or Council from time to time. 12. Each Member is the responsibility of the Fire Chief and is under the direction of the Fire Chief or a Member designated by the Fire Chief. Designated Members shall report to the Fire Chief on activities under their supervision and shall carry out all orders of the Fire Chief. 13. Where the Fire Chief designates a qualified Member to act in the place of an officer in the Fire Service, such Member, when so acting, has all of the powers and shall perform all duties of the officer replaced. 14. The Fire Chief or designate shall enforce all municipal by-laws respecting fire prevention and protection, and exercise the powers and duties imposed on the Fire Chief by the Fire Protection and Prevention Act. 15. The Fire Chief in consultation with the Chief Administrative Officer may reprimand, suspend, demote or dismiss any Volunteer Firefighter for insubordination, inefficiency, misconduct, tardiness or for noncompliance with any of the provisions of this by-law or general orders and departmental rules that in the opinion of the Fire Chief could be detrimental to the safety of its members, the discipline or the efficiency of the Fire Service. 16. The Fire Chief shall take all proper measures for the prevention, control and extinguishment of fires and the protection of life and property and shall exercise all powers mandated by the Fire Protection and Prevention Act, and the Fire Chief shall be empowered to authorize: 16.1. Pulling down or demolishing any building or structure to prevent the spread of fire; 16.2. All necessary actions which may include boarding up or barricading of buildings or property to guard against fire or other danger, risk or accident, when unable to contact the property owner; 16.3. Use of equipment to assist with suppression or demolition and the recovery of such costs; 16.4. Recovery of expenses incurred by such actions for the Corporation in the manner provided through the Municipal Act, the Fire Protection and Prevention Act and any other relevant legislation. 17. The Fire Service shall provide such approved services as specified and listed in "Schedule C" — Fire Prevention and Public Education, and "Schedule D" — Emergency Services Provided. 18. Due to the Fire Service's reliance upon Volunteer Firefighters, the geographic area and configuration of the Township, and the level and amount of equipment available, as Limited Services may be provided, which due to circumstances may vary significantly from the norm. 19. Authority at Fires and Emergencies: 19.1. Any Member and/or the Fire Chief may suppress any fire by extinguishing it and may enter onto private property, if necessary, to do so. 19.2. Upon request of any Member, every person attending a fire or emergency scene shall assist any firefighter in the performance of his/her duties and shall obey all orders and directions given by the Fire Chief, Designate or other officer. 19.3. Whenever it is deemed necessary by a Member to guard the locality of the fire or emergency from entry or crowding by persons or vehicles he/she may place or cause to be placed barriers or other markers across the street or public place or private property to indicate the area from which persons and vehicles are prohibited. 19.4. No person or persons, except Members, the Police or other authorized persons shall enter within the area marked off by barriers or other markers. 19.5. No person shall interfere with or obstruct the Fire Chief or Member in the performance of their duties at a fire or emergency. 19.6. No person shall drive any vehicle over fire hose except on the specific order from a Member or Fire Chief. 19.7. No person shall park any vehicle within 150 metres of any fire or emergency or fire apparatus. 20. The Township and Fire Service accept no liability for any delay or inability to supply services set out in Schedule "D" of this By-law due to the provision of Limited Services or due to the existence of unsafe conditions of roadways, travel distances, restricted or impeded access to property, availability of Volunteer Firefighters, weather, environmental factors / constraints or matters that are beyond the control of the Township or Fire Service. 21. SCHEDULES: 21.1. Schedules attached to and forming part of this By-law: Schedule "A" — Schedule "B" — Schedule "C" — Schedule "D" Leeds 1000 Islands Fire Service Mission Statement Primary Goals of the Fire Service Fire Prevention and Public Education Policy — Emergency Services Provided THAT By-law 22-010, and all other motions or other expressions of intent contrary to this By-law, be and are hereby repealed in their entirety; AND THAT Any person who contravenes any provision of Section 19 of this By-law is guilty of an offence and, upon conviction, is liable to a fine or penalty as provided for in the Provincial Offences Act. READ A FIRST AND SECOND TIME THIS 13TH DAY OF MARCH, 2023. READ A THIRD TIME AND FINALLY PASSED THIS 13TH DAY OF MARCH, 2023. The Corporation of the Township of Leeds and the Thousand Islands Corinna Smith-Gatcke, Mayor 1thA.M,rm Megan Shannon, Clerk • SCHEDULE “A” THE LEEDS 1000 ISLANDS FIRE SERVICE MISSION STATEMENT The Mission Statement of the Leeds 1000 Islands Fire Service is: “The primary goal of the Leeds 1000 Islands Fire Service is to provide for the safety and health of our Township and surrounding area, visitors, and seasonal residents through professional response, fire prevention and public education to all emergencies (fire, medical and dangerous conditions) created by persons or nature.” SCHEDULE “B” PRIMARY GOALS OF THE FIRE SERVICE The primary goal of the Fire Service is to provide for the safety and health of the Township and surrounding area, visitors, and seasonal residents through professional response, fire prevention and public education to all emergencies (fire, medical and dangerous conditions) created by persons or nature. The Fire Service strives to do so using a wide variety of programs varying from prevention to response in a safe and courteous manner, first to the Township, second, to those municipalities requiring assistance through authorized emergency fire service plans and program (mutual aid) activities, and third, to those municipalities which are provided fire protection by the Fire Service via authorized agreement (automatic aid). 21.2. Primary objectives of the Fire Service: In order to achieve the goal of the Fire Service, necessary funding must be in place and the following objectives met: 1. Identify and review the Fire Service requirements for the Township on an ongoing basis. 2. Provide an administrative process consistent with the needs of the Fire Service. 3. Ensure that firefighting equipment and operating personnel are available within the Township to provide adequate responses to a call within a reasonable length of time. 4. Provide departmental training to an accepted standard, which will ensure the continuous upgrading of all personnel in the latest techniques of fire prevention, firefighting, and control of emergency situations and to co-operate with other Township departments with respect to management training and other programs. 5. Provide a maintenance program to ensure all fire protection apparatus, including equipment, is ready to respond to emergency calls. 6. Provide an effective fire prevention program to: a. Ensure, through plan examination and inspection, that required fire protective equipment is installed and maintained within buildings, b. Reduce or eliminate fire hazards, and c. Ensure compliance with applicable Municipal, Provincial and Federal Fire Prevention Legislation, Statutes, Codes in respect to fire safety. 7. Develop and maintain an effective public information system and educational program, with particular emphasis on school fire safety programs, and commercial, industrial, and institutional staff training. 8. Ensure in the event of a major catastrophe in the Township, assistance to cope with the situation is available from outside departments and other agencies. 9. Develop and maintain a good working relationship with all Federal, Provincial and Municipal departments, utilities and agencies. 10. Interact with other Township departments respecting the aspects of fire on any given program. 11. Ensure these objectives are consistent with overall Township operations. 12. Develop and maintain healthy and proactive mental health awareness objectives for all Members. Including a voluntary health and wellness program in accordance with NFPA 1500 and provide necessary debriefing and counselling when required. Maintain a Provincial posttraumatic stress disorder in accordance with Ministry of Labour Act. SCHEDULE “C” FIRE PREVENTION AND PUBLIC EDUCATION POLICY 21.3. General As required by the Fire Protection and Prevention Act, 1997, the Township will provide the services listed below. • a smoke alarm and CO alarm program • public education programs • fire code inspections upon complaint or request – or otherwise approved in the Fire Prevention Policy in accordance to the Fire Master Plans recommended inspection schedule • simplified risk assessment • fire investigation 21.4. Smoke Alarm and CO Program The objective of the smoke and CO alarm programs are to promote and enforce the installation and maintenance of working smoke alarms and CO alarms accordingly to the regulations. Activities to help achieve this goal include: • distribution of pamphlets or other education material • instruction to residents regarding smoke and CO alarms and escape planning • providing advice and/or assistance on the installation of the smoke and CO alarms • inspection of residences to determine compliance with the smoke and CO alarm provisions of the Fire Prevention and Protection Act. • enforcement of the Ontario Fire Code in cases of non-compliance 21.5. Public Education Programs The Fire Service will provide a variety of fire prevention education programs for the residents and businesses in the Township. Public education programs will be delivered in a variety of ways designed to meet the needs of the target groups. The Fire Service may participate in various community activities that will assist in promoting fire prevention and public education on fire safety. 21.6. 21.7. 21.8. Fire Code Inspections It is the policy of the Fire Service to conduct or arrange for fire prevention/safety inspections of occupancies; • Upon request, • Upon complaint or • Through an approved inspection program as found in the Fire Prevention Policy to access the occupant/owner’s compliance with the Fire Code. Records of inspection, re-inspections, and Notice of Violation, Fire Marshall’s Order or tickets issued, etc. will be maintained by the Fire Service. Follow-up on any outstanding violations will be made to obtain compliance or to undertake court action if required. Simplified Risk Assessment The Fire Service will conduct an annual review of the Simplified Risk Assessment to determine if there is a need for a revision of policies and practices to address changing circumstances. Fire Investigations The Fire Service shall conduct or arrange for investigations of fires in order to attempt to determine cause and origin and, where required, to request appropriate agencies to assist with the investigation. SCHEDULE “D” EMERGENCY SERVICES PROVIDED Emergency Response 21.9. Basic Firefighting Services: • The Fire Service shall respond to fires, alarms of fire, and pre-fire conditions to provide fire suppression services, and shall exercise best efforts to conform to the most recent edition of National Fire Protection Association (NFPA) 1720, Standard for the Organization and Deployment of Fire Suppression Operations, Emergency Medical Operations, and Special Operations to the Public by Volunteer Fire Departments as revised from time to time. 21.10. Structural Firefighting Services: (a) For the purpose of this Schedule, “Structural Firefighting” shall have the same meaning as Structural Firefighting as defined by NFPA 1720, Standard for the Organization and Deployment of Fire Suppression Operations, Emergency Medical Operations, and Special Operations to the Public by Volunteer Fire Departments. (b) Interior Search and Rescue – Shall be provided when possible and as appropriate in accordance with the following: • Service shall be provided to search for and rescue endangered, trapped or potentially trapped persons within a structure. • Service shall be provided only when, in the opinion of the Fire Chief or most senior Officer in charge, all of the following are true: i. A scene risk assessment has been completed, and the level of risk reasonably justifies entry into a structure; ii. Building integrity permits entry into a structure; iii. Sufficient Trained Firefighter staffing is deployed at the fireground; iv. Reliable water supply with adequate flow can be sustained; v. Adequate fireground supervision and support is provided. (b) Interior Fire Suppression (Offensive Operations) – Shall be provided when possible and as appropriate in accordance with the following: • Service shall be provided to contain the fire and prevent further loss of property. Service shall be provided only when, in the opinion of the Fire Chief or most senior Officer in charge, all of the following are true: i. A scene risk assessment has been completed, and level of risk reasonably justifies Firefighter entry into the structure; ii. Building integrity permits entry into the structure; iii. Sufficiently trained firefighting staffing is deployed at the fireground; iv. Reliable water supply with adequate flow can be sustained; v. Adequate fireground supervision and support is provided (c) Exterior Fire Suppression (Defensive Operations) – Shall be provided when possible and as appropriate, in the opinion of the Fire Chief or most senior Officer in charge, in accordance with the following: • There shall be no expected rescue component with this service. • Service shall be provided to prevent fire spread to adjacent areas. • Service shall be provided when Interior Fire Suppression is not possible or appropriate. • Service shall be provided as water supply permits. 21.11. Rural Firefighting Operations: • Assisting in rural firefighting operations using tanker shuttle service shall be provided in areas without municipal water supply and best efforts shall be exercised to conform to NFPA 1142, Standard on Water Supplies for Suburban and Rural Fire Fighting. 21.12. Vehicle Firefighting Services: • Service shall be provided to control and extinguish vehicle fires. 21.13. Grass, Brush, and Forestry Firefighting Services: • Service shall be provided and best efforts shall be exercised to conform to NFPA 1143, Standard for Wildland Fire Management. 21.14. Marine Firefighting Services: • Marine firefighting service shall be limited to shore-based and fire boat, defensive firefighting operations only. 21.15. Automatic Aid Response Services: • Service shall be provided in accordance with any Automatic Aid agreements approved by Council. 21.16. Mutual Aid Response Services: • Service shall be provided in accordance with the Mutual Aid Plan established in respect to the municipalities within the County of Leeds & Grenville pursuant to clause 7(2)(a) of the Fire Protection and Prevention Act. 21.17. Vehicle Accident Services: • The Fire Service shall respond to vehicle accidents to provide the following services: i. Stabilizing the scene of the accident; ii. Stabilizing the vehicles involved in the accident; iii. Providing aid to injured or trapped persons; iv. Mitigating adverse effects to the natural environment. 21.18. Vehicle Extrication Services: • Vehicle search and rescue services, including extrication, shall be provided when possible, at the Technician Level in accordance with NFPA 1670, Standard for Operations and Training for Technical Search and Rescue Incidents. 21.19. Transportation Incidents involving Vehicles, Trains, Aircraft, Watercraft: • Response shall be provided to large-scale transportation incidents that may involve large numbers of casualties, widespread damage to property, and/or significant environmental impact. 21.20. Highway Incident Services: • Fire Protection Services shall be provided to provincial highways. • Costs associated with Fire Service response to provincial highways shall be recovered in accordance with applicable provincial fire service agreements. 21.21. Water and Ice Rescue Services: • Surface Water Rescue – Service shall be provided at the Technician Level in accordance with NFPA 1670, Standard for Operations and Training for Technical Search and Rescue Incidents, and may include shore based, water entry, and boat rescue operations. • Swift Water Rescue shall not be provided by the Fire Service • Ice Rescue – Service shall be provided at the Technician Level in accordance with the NFPA 1670 standard. • Dive rescue – shall not be provided by the Fire Service • Recovery services to retrieve animals, property, or human remains by entering into or onto a body of water, or onto ice over a body of water, shall be provided under the direction of the Fire Chief, designate or on-scene incident commander. 21.22. Urban Search and Rescue Services: • Fire Service response to urban search and rescue incidents shall be limited to providing Structural Collapse Search and Rescue services at the Awareness Level in accordance with NFPA 1670, Standard for Operations and Training for Technical Search and Rescue Incidents. • Urban search and rescue service requiring structural collapse search and rescue services at the Awareness, Operations or Technician Levels shall not be provided by the Fire Service. 21.23. Rope Rescue Services: • Rope rescue services, such as high-angle and low-angle rescue services, shall be provided at the Awareness Level in accordance with NFPA 1670, Standard for Operations and Training for Technical Search and Rescue Incidents. • Rope rescue services beyond this level shall not be provided by the Fire Service. 21.24. Confined Space Rescue Services: • Service shall be provided at the Awareness Level in accordance with NFPA 1670, Standard for Operations and Training for Technical Search and Rescue Incidents. • Confined space rescue services beyond this level shall not be provided by the Fire Service. 21.25. Trench Rescue Services: • Service shall be provided at the Awareness Level in accordance with NFPA 1670, Standard for Operations and Training for Technical Search and Rescue Incidents. • Trench rescue services beyond this level shall not be provided by the Fire Service. 21.26. Cave, Mine, and Tunnel Rescue Services: • Service shall be provided at the Awareness Level in accordance with NFPA 1670, Standard for Operations and Training for Technical Search and Rescue Incidents. • Cave, mine, and tunnel rescue services beyond this level shall not be provided by the Fire Service. 21.27. Farm and Silo Rescue Services: • Fire Service response to farm and silo rescue incidents that involve a rope rescue and/or a confined space rescue component shall be limited to providing such technical rescue services at the appropriate Level in accordance with the NFPA 1670 standard. • Farm and silo rescue incidents requiring rope rescue and/or confined space rescue services shall not be provided by the Fire Service but limited to the approval of the Fire Chief and or designate or on-scene incident commander. 21.28. Industrial and Machinery Rescue Services: • Service shall be provided at the Technician Level in accordance with NFPA 1670, Standard for Operations and Training for Technical Search and Rescue Incidents. • Industrial and machinery rescue services level shall be provided by the Fire Service. 21.29. Assistant to the Fire Marshal: • Duties of Assistant to the Fire Marshal shall be carried out as prescribed by the Fire Protection and Prevention Act. 21.30. Tiered Medical Assistance Services: • Service shall be provided in accordance with the Emergency Medical Tiered Response Agreement between the County Emergency Medical Services and the Township. 21.31. Ambulance Assistance Services: • Service shall be provided to assist Emergency Medical Services with emergency and non-emergency situations with respect to providing access and/or the provision of care to patients. 21.32. Hazardous Materials Response Services: • Service shall be provided at the Operations Level in accordance with NFPA 472/1072, Standard for Competence of Responders to Hazardous Materials Incidents. • Hazardous materials response services at the NFPA 472/1072 Technician Level shall not be provided by the Fire Service. • Notwithstanding the foregoing, the Fire Chief shall be authorized to designate one or more Firefighters to participate in a County and or Provincial Chemical, Biological, Radiological, Nuclear and Explosive (CBRNE) Response Team, and to train to and to operate at the NFPA 472/1072 Technician Level while deployed to CBRNE incidents in conjunction with the regional response team under the provisions of an approved mutual aid or fire services agreement. • Provincial Emergency Operation Centre (PEOC) will be notified for assistance from the Ontario Fire Marshall and Emergency Management (OFMEM), for support on Level 2 & 3 incidents requiring Provincial Hazmat/Chemical, Biological, Nuclear, Radioactive, Explosive (CBNRE) teams. The Fire Service is not responsible for and will not clean up or remove spills of dangerous goods. The owner or person having control of the dangerous goods at the time of the spill is responsible for clean-up and removal and all costs associated with such spill. 21.33. Police Assistance Services: • The Fire Service will assist and support the Ontario Provincial Police, municipal departments and other agencies for situations involving marijuana grow ops / clandestine drug labs to the level of training and equipment provided. Operational or Technical Level Hazardous Materials response may be requested from the Fire Service in accordance with the UCLG Fire Mutual Aid Plan or other agencies may be requested for specialized teams trained and equipped to provide hazardous materials / decontamination services. • Service shall be provided to assist police with emergency and non- emergency situations for which the Fire Service has equipment and/or specialized skills to assist in the mitigation. 21.34. Public Assistance Services: • Service shall be provided to assist the public with emergency and non- emergency situations for which the Fire Service has the equipment and/or specialized skills to mitigate the incident. 21.35. Public Hazard Assistance Services: • Carbon monoxide Incidents – Response shall be provided to carbon monoxide alarms and emergencies. • Public Utility Incidents – Response shall be provided to public utility incidents that pose a public hazard, including: i. Electrical utility emergencies; ii. Natural and or Propane gas utility emergencies.